What Does the Law Say About Property Liability in California?
If someone gets injured on another person’s property, the owner of the property may be liable. Here’s what you need to know about premises liability laws in California.
Property owners are responsible for providing ordinary care for the property, and may be liable for a person’s injury if they do not provide this care. To pursue legal action against an individual after being injured on their property, the injured party must prove that the individual did not properly maintain the property. In addition, whoever is responsible for maintaining the property may be liable for another person’s injury, even if they are not the owner of the property.
California Civil Code Section 1714
California Civil Code Section 1714(a) is the statute that affirms a property owner’s responsibility for injuries suffered on their property. It states that if a person is injured on another person’s property due to “want of ordinary care or skill in the management of his or her property”, then the owner is responsible. However, the statute notes that the owner is not responsible in cases where the person willfully or negligently brought the injury upon themselves.
Essentially, if a property owner does not provide reasonable maintenance for their property and someone is injured as a result, then the property owner may be liable for the plaintiff’s injury in a lawsuit. What constitutes reasonable maintenance depends on the particular case. For example, if a landlord is allowing a person to tour a house and the person falls into a hole in the floor and hurts themselves, then it is quite obvious that the landlord did not provide reasonable maintenance.
Judicial Council of California Civil Jury Instructions (CACI) No. 1000
While not laws, the Judicial Council of California Civil Jury Instructions (CACI) provides important information on how the law will be applied in court. These instructions are designed for juries to explain complex legal issues so that they are able to make decisions for cases. CACI No. 1000 states the facts that must be established in order for a plaintiff to establish their claim in a premises liability lawsuit. The plaintiff must establish all of the following:
- That the defendant owned/occupied/leased/controlled the property
- That the defendant was negligent in the use or maintenance of the property
- That the plaintiff was harmed
- That the defendant’s negligence in terms of maintaining or using the property substantially caused the plaintiff’s injury
Notably, a person may be liable for another’s injury on their property even if they are not the owner. As the first bullet point states, the defendant needs to own, occupy, lease, or simply control the property. This means that a person renting a property may be liable for another’s injury on that property.
Related: Elements of a Premises Liability Case in California
Judicial Council of California Civil Jury Instructions (CACI) No. 1001
The person who owns/occupies/leases/controls the property has a “duty of care” in relation to their property. If they do not fulfill this duty of care, then they may be found negligent in the maintenance of the property, which is necessary to establish a claim in a premises liability lawsuit. CACI No. 1001, entitled “Basic Duty of Care”, outlines what a jury may consider when establishing whether or not the property owner/occupier used reasonable care to keep the property in a reasonably safe condition, including:
- The likelihood that a person would enter/use the property in the same manner as the plaintiff
- The likelihood of harm occurring
- Whether or not the defendant knew or should have known about the danger
- The extent to which the defendant’s actions (or lack thereof) contributed to the danger
- Any other relevant factors
For example, if a person cuts their hand and develops an infection because they were climbing underneath a house’s crawl space and grabbed a broken bottle on accident, then the owner would most likely not be liable because they probably did not know nor should have known about the broken bottle underneath their house. Moreover, it is highly unlikely that a person would ever enter the property in such a manner, so it is even less likely that the owner would be liable.
Related: What is “Duty of Care” in a California Personal Injury Case?
FAQs about Premises Liability Laws in California
If someone gets injured on my property, can I be held liable?
Potentially. It depends on whether or not you provided reasonable care for the property. If you were negligent in terms of maintenance and the person was harmed as a result, then you may very well be held liable.
Can I be held liable for a person’s injury if I do not own the property that they were injured on?
A person can be held liable if someone is injured on property that the person owns, leases, occupies, or controls. Therefore, you can still be held liable even if you don’t own it.
What if a person injured themselves in a highly unusual way on my property?
You most likely will not be held liable because the jury will consider the likelihood of someone using your property in the same manner as the injured party. If the likelihood is extremely small, then they would probably come to the conclusion that you were not at fault.
Can I be held liable if a person injures themselves on my property by their own will?
If the person injures themselves by their own will on another person’s property, then the owner will most likely not be held liable.
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